'Extremely dangerous' militia member freed by judge

Militia member boasted of capability for mass murder

Five months ago, the FBI arrested Robert Twiss after an informant recorded the Greene County militia member boasting about scenarios where he could attack federal buildings in Albany.

On Monday, a veteran federal judge accepted Twiss' guilty plea to a gun charge in U.S. District Court — then allowed him to be free until his sentencing.

Twiss, 59, of Earlton, pleaded guilty to unlawful possession of a rifle by a felon, saying, "Guilty as charged."

Twiss, who was convicted of burglary in 1981 and boasted that he was "extremely dangerous," hardly kept the gun possession a secret. He posted a Facebook profile picture of himself holding a rifle in the snow beside an American flag at half-staff because, he said, "My country is dead."

Assistant U.S. Attorney Rick Belliss recommended Twiss be held until his sentencing on Aug. 15, when Twiss faces up to 2½ years in prison. But Senior Judge Thomas McAvoy sided with Assistant Federal Public Defender Timothy Austin, who argued that Twiss should remain free.

"Much of the government's evidence arising from its months-long investigation and hours of surreptitious recordings of small gatherings suggest that Mr. Twiss might enjoy hanging around other people outdoors, near his barbeque grill, and talking to those people about views that people would be wise to prepare for the decline of civilization," Austin wrote the judge on Friday.

"The statements attributed to him suggest a survivalist mindset," Austin wrote. "The information developed does not establish planning of overt acts of violence, contrary to the suspicions apparently prompting the government's investigation."

The Binghamton-based judge, who presided over the proceeding by video conference, appeared sympathetic to Twiss having recently suffered a fire at his home. Austin suggested no one but Twiss is able to fix it. Twiss, a father of five children who said he has worked in construction, is engaged to be married.

Prior to his arrest, the FBI investigated Twiss for two years, using an informant to secretly record him. At one point, Twiss boasted he could "cripple" a Federal Emergency Management Agency building. Twiss said he could add Tannerite, an exploding target, to a propane tank and fire away.

"I can shoot that mother-(expletive) and make the world come to an end for a bunch of people," Twiss told the informant, the federal complaint said. "One bullet in that, I can kill about 40 people."

In the event of Armageddon, Twiss had plans to travel to Albany, approach the Joint Terrorism Task Force building and "reach it with a (expletive)-ing Molotov launcher if needed," he told the informant.

Twiss said he was a "resistance fighter," "can get guns all day long" and that if Armageddon happened he would go into Albany and "take up arms" against the "tyranny," the complaint said.

At another point, Twiss said: "I'm not a dangerous extremist, but I am extremely dangerous. There's a difference ... as you can see this is my mindset."